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Presented by:  Patricia Eyres, Managing Partner, Eyres Law Group

Title: Assistive Animals in the Public Agency Workplace and School Environments

Public agencies are experiencing an influx of requests by employees to bring assistive animals to work as a reasonable accommodation. Some are traditional service dogs – guide dogs for sight or hearing limited, signal dogs that alert their handler of an impending medical incident, and highly trained psychiatric service dogs. Additionally, due to many employees and job candidates with mood disorders or other mental health issues, we’ve seen an increase in requests for emotional support animals, including companion and therapy animals. These are not pets; but rather, animals that assist their handler in performing essential job functions by providing a calming effect.

This webinar will focus on what is considered an assistive / support  animal  and how they differ from service animals. The focus will be primarily on the workplace accommodations issues, which can be challenging because the Fair Employment & Housing Act (FEHA) broadly defines the range of animals that qualify as assistive animals and at the same time narrows the scope of documentation employers can obtain. The FEHA has very expansive definitions, breathtaking rights for employees, and stringent responsibilities for employers during and following an interactive process for an assistive animal at work.

We will cover:​​​​​​

• The differences between service animals, emotional support animals;
• Distinguishing “public accommodations” under ADA, with the FEHA requirements for reasonable accommodations in the workplace.
• When assistive animals must be allowed in public facilities or on school campuses for employees with documented disabilities;
• The unique aspects of an assistive animal interactive process and individualized assessment;
• What documentation you can ask for and the legal limits embodied in the FEHA regulations;
• The differences between workplace accommodations under FEHA and public accommodations under the ADA – particularly related to emotional support animals;
• How to identify when a reasonable accommodation is required, and what to do when declining a requested assistive animal accommodation;
• The potential narrow grounds for a defense when denying a requested accommodation to bring an assistive animal to the workplace;
• Why it is essential to craft a written accommodation plan for an assistive animal accommodation and sample language that may describe acceptable terms and conditions;
• What is the two-week period that the employer can use to object to the animal’s habits, hygiene, behavior in the particular work environment, and how to use that effectively;
• Timing is everything: when you can even consider the impact on other staff or students related to allergies or fear of dogs (hint: not until well after you have approved a requested accommodation) and why employers step on legal landmines by raising “what ifs…”

We will provide sample language for accommodation plans and communications to employees, parents/ students (in school settings) and visitors concerning the presence  of an assistive animal in the facility or on campus – that it is a working animal and should not be approached, etc. There are very specific requirements for reasonably accommodating employees with all types of assistive animals, including ESAs.

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Need More Info or Help?
We hope you can join us. Feel free to contact Doug McGill for more details.

Phone: 916-850-7300
Email: dmcgill@prismrisk.gov